Cook v. Cook
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The Supreme Court reversed the judgment of the circuit court granting Alice and Vernon Cook a divorce on the grounds of irreconcilable differences, holding that the circuit court's property award and alimony award were an abuse of discretion.
The court below equitably divided the parties' marital property and ordered Vernon to pay Alice a cash payment that included $140,000 for marital assets that the court found Vernon had dissipated. The court further ordered Vernon to pay Alice permanent alimony in the monthly amount of $1,500. The Supreme Court reversed, holding (1) the circuit court abused its discretion in classifying Vernon's monthly military retirement pay as marital property; (2) the circuit court erred in failing properly to apply federal law to the military disability pay Vernon received during the separation; and (3) because the circuit court's property division is reversed, vacatur of the alimony award and remand were required.
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